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Vol 23 No 5 May/June 2018

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Institutional Reason: The Jurisprudence of Robert Alexy

Edited by: Matthias Klatt

ISBN13: 9780199582068
Published: February 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £71.00

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This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues.

The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues.

The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.

Matthias Klatt: Introduction
Part I: Law and Legal Argument
1: John Gardner: How Law Claims, What Law Claims
2: Mark Murphy: Defect and Deviance in Natural Law Jurisprudence
3: Stanley Paulson: A Justified Normativity Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz
4: Larry Alexander: There Are No Legal Principles
5: Maeve Cooke: Discourse Theory as Critical Theory: Responding to Contemporary Challenges
6: Cristina Lafont: Correctness and Legitimacy in the Discourse Theory of Law
7: Fred Schauer: Law and the Authority of Bad Arguments
Part II: Constitutional Rights
8: T.R.S. Allan: Constitutional Rights and the Rule of Law
9: Mattias Kumm: The Rationalist Human Rights Paradigm, Socratic Contestation and the Point of Judicial Review
10: Julian Rivers: Constitutional Rights and Statutory Limitations
11: Matthias Jestaedt: The Theory of Balancing: Its Strengths and its Weaknesses
12: Jan Henrik Klement: A Theory That Explains Everything: On Robert Alexy's Principle Theory of Basic Rights
13: Ralf Poscher: The Principle Theory: Insights, Errors and Self-misunderstanding
Part III: The System
14: Matthias Klatt: The System of Robert Alexy
15: Robert Alexy: 14 Replies;